§ 19.20

The purpose of this chapter is to support the use of alternative construction design, materials and methods that protect the environment, improve the economic viability of sustainable construction, aid affordability of construction improvements, increase participation and consumer protection through promoting lawful construction activity, enhance owner equity in the improvement of property, and provide voluntary minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of limited density owner-built rural dwellings and appurtenant structures. It is also the expressed purpose of this chapter to conform the regulations regarding the construction and use of limited density, rural owner-built dwellings and appurtenant structures to the requirements of Article 1, Section 1, of the California State Constitution, and local conditions, among which are conditions of topography, geography and general development.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

The provisions of this chapter shall voluntarily apply to the construction, enlargement, conversion, alteration, repair, use, maintenance, and occupancy of limited density owner-built rural dwellings and appurtenant structures. It is the intent of this chapter that the requirements contained herein shall apply to seasonally or permanently occupied dwellings, hunting shelters, guest cottages, vacation homes, recreational shelters and detached bedrooms proposed or located on rural qualifying parcels. It is not the intent of this chapter to reduce the requirements, review, approval, inspections, nor limit the authority, of the applicable fire agency responsible for overseeing construction applications subject to this chapter.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

For the purposes of this chapter the following definitions shall apply:

(a)

Limited density, rural dwelling. A "limited density, rural dwelling" is any structure consisting of one or more habitable rooms intended or designed to be occupied by one family with facilities for living and sleeping, with use restricted to rural areas that fulfill the requirements of this chapter.

(b)

Owner-built shall mean constructed by any person or family who acts as the general contractor for, or the provider of, part or all of the labor necessary to build housing to be occupied as the principal residence of that person or family, and not intended for sale, lease, rent or employee occupancy. For the purposes of this chapter, the sale, lease, renting (see Health and Safety Code Section 19825) or employee occupancy of owner-built structures within one year of issuance of a certificate of occupancy shall be presumptive evidence that the structure was erected for the purpose of sale, lease, or renting.

(c)

Rural qualifying parcels. For the purpose of this chapter only, "rural qualifying parcels" shall mean parcels in those unincorporated areas in Marin County that are approved for residential use, where due to geographical, topographical or other conditions affecting general development; any of the following exist to the extent it would create an unreasonable burden to the property owner to comply with prevailing building and development requirements as prescribed elsewhere in Marin County Code, and is approved for the application of this chapter by the community development agency. Qualifying conditions may include, but are not limited to:

(1)

Lack of readily available district water, sewer or utility power connections.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

Permits, plans and inspections may be required for the construction, enlargement, conversion, alteration, repair, use or maintenance of rural dwellings and appurtenant structures in accordance with prevailing code

and provisions within Title 19 of this code, as modified by this chapter and as determined by the building official. The application, plans, and other data filed by an applicant for such permit shall be reviewed by the building official to verify compliance with the provisions of this chapter. If the building official determines that the permit application and other data indicate that the structure(s) will comply with the provisions of this chapter, the community development agency may issue a permit therefor to the applicant.

Exemptions. Work exempt from permit as allowed in Section 19.04.060 of this code shall be exempt from the permit requirements of this chapter. When inspections are required, the inspections of the building or structure(s) shall be conducted in order to determine compliance with the provisions of this chapter. Structures of simple construction may be inspected at a single inspection, when approved by the building official.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

After the structure(s) is completed for occupancy and any inspections which have been required by the building official have been conducted, and work approved, the community development agency shall issue a certificate of occupancy for such dwelling(s) and appurtenant structure(s) which identify compliance with the provisions of this chapter.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

The use and occupancy of a portion or portions of a dwelling or appurtenant structure prior to the completion of the entire structure may be allowed, provided approved sanitary facilities are available at the site and the work completed does not create any condition to an extent that endangers life, health or firelife safety of the public or occupants. The occupants of any such uncompleted structure shall assume sole responsibility for the occupancy of the structure or portion thereof.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

Permit fees for the application of this chapter shall be in accordance with county permit fees in effect as provided for elsewhere in this code.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

19.20.060 - General requirements.

(a)

Each structure shall be constructed in accordance with applicable laws, requirements contained in Parts 2 through 12, Title 24, California Code of Regulations, and Marin County ordinances and fire-life safety requirements, as modified by this chapter.

(b)

Each structure shall be maintained in a sound structural and fire-life safety condition sufficient to provide a safe and sanitary shelter from the elements for the occupants.

(c)

Fire regulations within the California Building Standards Code and requirements of the fire authority having jurisdiction shall be enforced unless specific alternatives are expressly approved in advance by the fire authority having jurisdiction on a case-by-case basis.

(d)

To safeguard the public health, safety and general welfare of Marin's communities through reasonable and essential fire-life safety improvements to the existing built environment, the provisions of this section shall be applicable to every permit application subject to this chapter for the addition or remodel to an existing building. In addition to the scope of work declared in each permit application for the addition or remodel to an existing building, the applicant shall provide for the following essential fire-life safety improvements to the extent the estimated cost of providing the improvements does not exceed twenty percent of the reasonable valuation of the scope of work declared in the permit application. The list of fire-life safety protection measures in this section includes, but is not limited to, the following:

Smoke and carbon monoxide alarms compliant with the codes adopted in Section 19.04.010.

Automatic fire sprinkler system in accordance with Section 19.04.065.

Water heater seismic anchorage as required by the codes adopted in Section 19.04.010.

Attic venting designed to resist intrusion of flame and burning embers in accordance with Section 19.04.064.

Exterior windows or doors in accordance with Section 19.04.064.

Vegetation management in accordance with Section 19.04.064.

Gas shut-off device in accordance with Section 19.04.090.

Emergency escape and rescue openings in accordance with Section 19.04.070.

The fire official is authorized to use discretion and allow for alternative means of protection when administering this section for the purpose of improving the fire-life safety of existing buildings.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

19.20.065 - Intent of general requirements.

Excluding requirements of the fire authority having jurisdiction, it is the purpose and intent of this chapter to permit the use of ingenuity and preferences of the builder, and to allow and facilitate the use of alternatives to the specifications prescribed by the California Building Standards Code (Title 24, California Code of Regulations), to the extent that a reasonable degree of health and safety is provided by such alternatives, and that the materials, methods of construction, and structural integrity of the structure shall perform in application for the purpose intended. To provide for the application of this chapter, it is necessary for the

enforcement agency to exercise reasonable judgment in determining the compliance of appropriate structures with the general and specific requirements of this chapter.

Except as otherwise required by this chapter, dwellings and appurtenant structures constructed pursuant to this part need not conform with the construction requirements prescribed by the latest applicable editions of the California Building Standards Code, or other applicable technical codes; however, it is not the intent of this section to disregard nationally accepted technical and scientific principles relating to design, materials, methods of construction, and structural requirements for the erection and construction of dwelling and appurtenant structures as are contained in the California Building Standards Code, or other applicable technical codes. Such codes shall be a basis for approval.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

19.20.070 - Mechanical, electrical, plumbing requirements.

(a)

Mechanical. Heating and cooking appliances, and gas piping installed in buildings constructed pursuant to this chapter, shall be installed and vented in accordance with the applicable requirements contained in the current edition of the California Mechanical Code, Part 4, Title 24, California Code of Regulations.

(b)

Electrical. No dwelling or appurtenant structure constructed pursuant to this chapter shall be required to be connected to a source of electrical power, or wired, or otherwise fitted for electrification, except as set forth in this section. Where electrical wiring or appliances are installed, the installation shall be in accordance with applicable requirements contained in the current edition of the California Electrical Code, Part 3, Title 24, California Code of Regulations. Smoke and carbon monoxide alarms shall be installed and maintained in accordance with California law, as modified by this chapter.

s set forth in this section. Where electrical wiring or appliances are installed, the installation shall be in accordance with applicable requirements contained in the current edition of the California Electrical Code, Part 3, Title 24, California Code of Regulations. Smoke and carbon monoxide alarms shall be installed and maintained in accordance with California law, as modified by this chapter.

Exceptions to installation requirements: In structures where electrical usage is confined to one or more rooms of a structure, the remainder of the structure shall not be required to be wired or otherwise fitted for electrification unless the building official determines the electrical demands are expected to exceed the confinement and capacity of that room(s). In these instances, the building official may require further electrification of the structure. It is the intent of this subsection to apply to buildings in which there exists a workshop, kitchen, or other single room which may require electrification, and where there is no expectation of further electrical demand. The enforcement agency should, at the time of a permit application or other appropriate point, advise the applicant of the potential hazards of violating this section.

(c)

Plumbing. plumbing equipment and installation shall be in accordance with applicable requirements contained in the current edition of the California Plumbing Code, Part 5, Title 24, California Code of Regulations applicable to the construction of limited density owner-built rural dwellings.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

Chapter 19.21 - VOLUNTARY ALTERNATIVE REGULATIONS FOR THE CREATION AND MAINTENANCE OF JOINT LIVING AND WORK QUARTERS[[13]]

Footnotes:

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Editor's note— Ord. No. 3658, § II(exh. A), adopted Nov. 15, 2016, amended Ch. 19.21 in its entirety to read as herein set out. Former Ch. 19.21, §§ 19.21.010—19.21.065, pertained to similar subject matter, and derived from Ord. No. 3619, § II(exh. A, § IV), 2014.

Express finding—Pursuant to California Health and Safety Code Section 17958.11, the Marin County Board of Supervisors hereby finds that untenanted portions of manufacturing and commercial buildings constitute a potential resource capable, when appropriately altered, of accommodating joint living and work quarters which would be physically and economically suitable for application within unincorporated areas of Marin County specifically designated for such occupancy, and that the public will benefit by making such buildings available for this purpose, because (1) conversion of space to joint living and work quarters provides a new use for such buildings contributing to improved equity in the economic vitality of Marin, (2) such conversion results in building improvements and rehabilitation, (3) conversion of space to joint living and work quarters constitute lower potential environmental impacts than construction of separated living quarters and work quarters, and (4) such conversion constitutes lower potential ongoing environmental impacts, through reduction of work-related commuting, than separated living quarters and work quarters.